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(영문) 서울남부지방법원 2018.10.25 2018고단3978
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On October 14, 2015, the Defendant was sentenced to two years of imprisonment for habitual larceny at the Incheon District Court, and completed the execution of the sentence at the Gwangju District Court on January 29, 2016, and on May 12, 2016, the Defendant was sentenced to eight months of imprisonment for larceny in the same court, and completed the execution of the sentence at the Incheon Detention Center on November 20, 2016.

[2] On July 19, 2017, at around 04:00, the Defendant discovered the victim E who is under influence of alcohol at the front of the Seoul Yeongdeungpo-gu Seoul, 'D shopping center'. On the left side of the part of the victim, the Defendant takes up one 242,00 won in cash, such as 4, 10,00 won, 3, 5,000 won, 10,000 US dollars 10,000 won, 10,000 won, and 1,000 identification cards.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. Photographs;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (recognating repeated offenses and attaching them, such as the list of related cases), personal confinement status, and application of the relevant list-related statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Application of the sentencing criteria [Scope of recommending punishment] thief for general property: The mitigated area (six months to one year) (special mitigation) for mitigation (special mitigation) / The livelihood of a person) / The same type of repeated crime not falling under the aggravation of a specific crime (a repeated crime) for general property;

2. Determination of sentence: (a) comprehensively taking account of the circumstances under which the sentencing conditions indicated in the records, such as the Defendant’s age, sex, family relation, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence shall be determined as ordered.

D. Unfavorable circumstances: The defendant committed the crime of this case again during the period of repeated crime due to each of larceny in front of the crime in the judgment, and did not appear to have a strong attitude as against the defendant merely asserted that he committed the crime of this case during the period of repeated crime.

(k) favorable circumstances: to recognize errors.

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